Alcohol & Drugs: DUI, DWI DWI question

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fbp197

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I need to know if a driver can be charged with a DWI while trying to change a flat tire. The driver was outside the vehicle, with his spare tire and jack, and got charged with a DWI. Is this right? The vehicle was not running if anyone is wondering. Please let me know what you think about this,
Thanks
 
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